83B General duty of specified operators to minimise bushfire danger
S. 83B(1) amended by No. 22/2023 s. 7.
(1) A specified operator must design, construct, operate, maintain and decommission an at-risk electric line to minimise as far as practicable the bushfire danger arising from that line.
In the case of a natural person, 1800 penalty units;
(2) It is a defence to a prosecution of a specified operator for an offence relating to a breach of a duty or obligation set out in subsection (1) if the operator has complied with the accepted bushfire mitigation plan in relation to that duty or obligation.
S. 83BA inserted by No. 55/2010 s. 17.
83BA Submission of bushfire mitigation plans for acceptance
S. 83BA(1) amended by No. 22/2023 s. 8, substituted by No. 13/2025 s. 4(1).
(1) Before a submission day, a specified operator must prepare and submit to Energy Safe Victoria, for acceptance under Subdivision 3, a plan for the operator's proposals for mitigation of bushfire in relation to the operator's at‑risk electric lines.
(2) A bushfire mitigation plan under subsection (1)—
(a) must be in or to the effect of a form approved by Energy Safe Victoria; and
(b) must include the prescribed particulars.
(3) A specified operator must cause a copy of an accepted bushfire mitigation plan to be available for inspection—
(a) on the operator's Internet site; and
(b) at the operator's principal office in the State during ordinary business hours.
S. 83BA(4) inserted by 13/2025 s. 4(2).
commencement day means the day on which Division 1 of Part 2 of the Energy and Land Legislation Amendment (Energy Safety) Act 2025 comes into operation;
submission day, in relation to the specified operator of at‑risk electric lines, means—
(a) if an accepted bushfire mitigation plan applies to the at‑risk electric lines immediately before the commencement day, the day that is 5 years after the most recent acceptance of that plan (whether that acceptance is before, on or after the commencement day); or
(b) in any other case—
(i) 1 July immediately preceding the specified bushfire risk period in which the specified operator proposes to first operate the at‑risk electric lines; or
(ii) the day that is 5 years after the most recent acceptance of the bushfire mitigation plan that applies to the at‑risk electric lines.
S. 83BB inserted by No. 55/2010 s. 17.
83BB Compliance with bushfire mitigation plan
S. 83BB(1) amended by No. 22/2023 s. 9.
(1) During the specified bushfire risk period, a specified operator must not commence to commission, or operate, an at-risk electric line unless a bushfire mitigation plan that applies to the operator's at-risk electric lines has been accepted or provisionally accepted under Subdivision 3.
S. 83BB(2) amended by No. 22/2023 s. 9.
(2) A specified operator must comply with an accepted bushfire mitigation plan that applies to the operator's at-risk electric lines.
(3) Subsection (1) does not apply to a specified operator who has a reasonable excuse.
(4) For the purposes of subsection (1), it is a reasonable excuse for a specified operator not to comply with subsection (1) if—
(a) there is no accepted bushfire mitigation plan that applies to the operator's at-risk electric lines; and
(b) the reason for there being no accepted bushfire mitigation plan that applies to the operator's at-risk electric lines is that—
(i) Energy Safe Victoria failed to accept the operator's bushfire mitigation plan by 31 October in the year it was submitted to Energy Safe Victoria; and
(ii) that failure arose because of unreasonable delay on Energy Safe Victoria's part.
(5) For the purposes of subsection (1), it is not a reasonable excuse for a specified operator not to comply with subsection (1) if—
(a) there is no accepted bushfire mitigation plan that applies to the operator's at-risk electric lines; and
(b) the reason for there being no accepted bushfire mitigation plan that applies to the operator's at-risk electric lines is that—
(i) Energy Safe Victoria failed to accept the operator's bushfire mitigation plan by 31 October in the year it was submitted to Energy Safe Victoria and that failure arose because of actions or inactions of the operator that hampered the ability of Energy Safe Victoria to make a decision whether to accept that plan by 31 October; or
(ii) Energy Safe Victoria has not accepted a plan under section 83BG.
(6) Subsections (4) and (5) do not limit what may constitute a reasonable excuse.
S. 83BBA inserted by No. 13/2025 s. 5.
83BBA Revision of bushfire mitigation plan required in certain circumstances
(1) A specified operator must prepare and submit to Energy Safe Victoria, for acceptance under Subdivision 3, a revised bushfire mitigation plan as soon as practicable if—
(a) developments in technical knowledge or the assessment of hazards relevant to the at‑risk electric lines make it appropriate to revise the accepted bushfire mitigation plan; or
(b) a proposed modification to the at‑risk electric lines will result in an increase in the overall level of risk to the safety of any person or property arising from the at‑risk electric lines; or
(c) a proposed modification to the work practices covered by the accepted bushfire mitigation plan will result in an increase in the levels of risk to the safety of any person or property arising from at‑risk electric lines; or
(d) the specified operator proposes to make a change to the accepted bushfire mitigation plan.
(2) The revised bushfire mitigation plan must—
(a) be in or to the effect of a form approved by Energy Safe Victoria; and
(b) include either—
(i) any prescribed particulars; or
(ii) if no particulars are prescribed for the purposes of this subsection, any particulars prescribed for the purposes of section 83BA(2)(b).
S. 83BBB inserted by No. 13/2025 s. 5.
83BBB Energy Safe Victoria may request submission of a revised bushfire mitigation plan
(1) Energy Safe Victoria may at any time request a specified operator to submit a revised bushfire mitigation plan in relation to the operator's at‑risk electric lines for acceptance under Subdivision 3.
(iii) the period (being not less than 60 days) within which the specified operator must submit the revised bushfire mitigation plan; and
(iv) the grounds for the request; and
(v) any other prescribed matter.
(3) The specified operator to whom the request is given may make a submission to Energy Safe Victoria on all or any of the following grounds—
(a) that the revision should not occur;
(b) that the revision should be in different terms from the proposed terms;
(c) that the revision should take effect on a later date than the proposed date of effect of the revision.
(4) A submission under subsection (3) must—
(b) state the specified operator's reasons for the submission; and
(c) be made within 21 days, or any later period that Energy Safe Victoria allows, after the request is received.
(5) If a specified operator makes a submission under this section, Energy Safe Victoria must decide—
(a) to accept the submission or part of the submission and vary or withdraw the request accordingly; or
(b) to reject the submission.
(6) Energy Safe Victoria must give the specified operator notice in writing of—
(a) its decision on the submission; and
(b) the reasons for that decision; and
(c) if Energy Safe Victoria decides not to withdraw the request for a revised bushfire mitigation plan, the period (being not less than 60 days) within which the specified operator must submit the revised bushfire mitigation plan.
(7) A revised bushfire mitigation plan submitted in response to a request under subsection (1) must—
(a) be in or to the effect of a form approved by Energy Safe Victoria; and
(b) include either—
(i) any prescribed particulars; or
(ii) if no particulars are prescribed for the purposes of this subsection, any particulars prescribed for the purposes of section 83BA(2)(b).
S. 83BBC inserted by No. 13/2025 s. 5.
83BBC Offence to fail to submit revised bushfire mitigation plan on request
If Energy Safe Victoria requests a specified operator to submit a revised bushfire mitigation plan in accordance with section 83BBB, the specified operator must submit a revised bushfire mitigation plan to Energy Safe Victoria—
(a) if the specified operator does not make a submission under that section, within the time specified by Energy Safe Victoria in the request under section 83BBB(2); or
(b) if the specified operator makes a submission under section 83BBB and Energy Safe Victoria does not withdraw the request, within the time specified in the notice under section 83BBB(6).
S. 83BBD inserted by No. 13/2025 s. 5.
83BBD Offence to modify matters related to bushfire mitigation plans in certain circumstances
A specified operator must not—
(a) undertake or permit a modification of an at‑risk electric line that has the potential to increase the overall levels of risk to the safety of any person or property arising from the at‑risk electric line; or
(b) make any change to an accepted bushfire mitigation plan in relation to an at‑risk electric line—
unless Energy Safe Victoria has accepted a revision of the accepted bushfire mitigation plan in relation to that matter for that at‑risk electric line.
Penalty: In the case of a natural person, 1200 penalty units;
Subdivision 3—Acceptance and validation of bushfire mitigation plans
S. 83BC (Heading) amended by No. 13/2025 s. 6(1).
S. 83BC inserted by No. 55/2010 s. 17.
83BC Validation of bushfire mitigation plans and revised bushfire mitigation plans
S. 83BC(1) amended by No. 13/2025 s. 6(2).
(1) If a bushfire mitigation plan or revised bushfire mitigation plan has been submitted by a specified operator under section 83BA, 83BBA or 83BBB, Energy Safe Victoria may require the operator to obtain an independent validation of that plan or any part of that plan.
S. 83BC(2) amended by No. 13/2025 s. 6(3).
(2) The specified operator must establish to the satisfaction of Energy Safe Victoria that each person undertaking the validation of a bushfire mitigation plan or revised bushfire mitigation plan has the necessary competence and ability and access to information to arrive at an independent opinion in respect of the plan.
S. 83BC(3) amended by No. 13/2025 s. 6(4).
(3) If Energy Safe Victoria requires a specified operator to provide an independent validation of a bushfire mitigation plan, a revised bushfire mitigation plan or part of a bushfire mitigation plan or revised bushfire mitigation plan, the costs of that validation must be borne by the operator.
S. 83BC(4) amended by No. 13/2025 s. 6(5).
(4) Energy Safe Victoria is not required to proceed with the consideration of a bushfire mitigation plan or revised bushfire mitigation plan under this Subdivision until the independent validation is provided.
S. 83BD inserted by No. 55/2010 s. 17.
83BD Additional information
S. 83BD(1) amended by No. 13/2025 s. 7(1).
(1) Energy Safe Victoria may require a specified operator to provide any additional information that Energy Safe Victoria thinks fit in relation to a bushfire mitigation plan or revised bushfire mitigation plan submitted by the operator under section 83BA, 83BBA or 83BBB.
S. 83BD(2) amended by No. 13/2025 s. 7(2).
(2) Energy Safe Victoria is not required to proceed with the consideration of a bushfire mitigation plan or revised bushfire mitigation plan under this Subdivision until the additional information is provided.
S. 83BE (Heading) amended by No. 13/2025 s. 8(1).
S. 83BE inserted by No. 55/2010 s. 17.
83BE Acceptance of bushfire mitigation plans and revised bushfire mitigation plans
S. 83BE(1) amended by No. 13/2025 s. 8(2).
(1) Energy Safe Victoria must consider a bushfire mitigation plan or revised bushfire mitigation plan submitted under section 83BA, 83BBA or 83BBB with as much expedition as the requirements of this Act and the regulations and the proper consideration of the plan permit.
S. 83BE(2) amended by No. 13/2025 s. 8(3).
(2) Energy Safe Victoria must accept a bushfire mitigation plan or a revised bushfire mitigation plan referred to in subsection (1) if it is satisfied that the plan is appropriate for the at‑risk electric lines to which it relates.
S. 83BE(2A) inserted by No. 13/2025 s. 8(4).
(2A) If an accepted bushfire mitigation plan applies to a specified operator's at‑risk electric lines, the accepted plan remains in force until the day on which Energy Safe Victoria accepts a subsequently submitted bushfire mitigation plan or revised bushfire mitigation plan.
S. 83BE(3) substituted by No. 13/2025 s. 8(5).
(3) Energy Safe Victoria must notify the specified operator in writing—
(a) of its decision to accept a bushfire mitigation plan or a revised bushfire mitigation plan; and
(b) the date on which Energy Safe Victoria accepted the bushfire mitigation plan or the revised bushfire mitigation plan; and
(c) the date by which the specified operator must submit the next bushfire mitigation plan to Energy Safe Victoria for acceptance.
S. 83BE(4) inserted by No. 13/2025 s. 8(5).
acceptance includes, in the case of an accepted bushfire mitigation plan in force immediately before the day on which Division 1 of Part 2 of the Energy and Land Legislation Amendment (Energy Safety) Act 2025 comes into operation, an acceptance of the bushfire mitigation plan that occurs before that day.
S. 83BF (Heading) amended by No. 13/2025 s. 9(1).
S. 83BF inserted by No. 55/2010 s. 17.
83BF Provisional acceptance of bushfire mitigation plan or revised bushfire mitigation plan
S. 83BF(1) amended by No. 13/2025 s. 9(2).
(1) Energy Safe Victoria may provisionally accept a bushfire mitigation plan or a revised bushfire mitigation plan submitted under section 83BA, 83BBA or 83BBB if it is satisfied that the plan will minimise the bushfire danger arising from the at-risk electric lines to which the plan applies.
S. 83BF(2) amended by No. 13/2025 s. 9(3).
(2) Energy Safe Victoria must notify the operator that submitted the bushfire mitigation plan or the revised bushfire mitigation plan, in writing, of its decision to provisionally accept the plan.
(3) The notice of provisional acceptance must state—
(a) the period that the provisional acceptance will be in force; and
S. 83BF(3)(b) amended by No. 13/2025 s. 9(4).
(b) the extent to which the bushfire mitigation plan or the revised bushfire mitigation plan has been accepted; and
(c) any limitations or conditions which will apply in respect of the accepted bushfire mitigation plan or part of the plan.
S. 83BG (Heading) amended by No. 13/2025 s. 10(1).
S. 83BG inserted by No. 55/2010 s. 17.
83BG Non-acceptance of bushfire mitigation plan or revised bushfire mitigation plan
S. 83BG(1) amended by No. 13/2025 s. 10(2).
(1) If Energy Safe Victoria does not accept or provisionally accept a bushfire mitigation plan or a revised bushfire mitigation plan submitted to it under section 83BA, 83BBA or 83BBB, it must—
(a) notify the specified operator that submitted the plan in writing of the non-acceptance; and
S. 83BG(1)(b) amended by No. 13/2025 s. 10(3).
(b) give the operator an opportunity to modify and re-submit the bushfire mitigation plan or the revised bushfire mitigation plan.
S. 83BG(2) amended by No. 13/2025 s. 10(4).
(2) A modified bushfire mitigation plan or revised bushfire mitigation plan must be submitted to Energy Safe Victoria within 28 days after the notice is given under subsection (1).
S. 83BG(3) amended by No. 13/2025 s. 10(5).
(3) If, after considering any modified bushfire mitigation plan or modified revised bushfire mitigation plan submitted under this section, Energy Safe Victoria decides not to accept the plan, Energy Safe Victoria must give notice in writing of that decision to the specified operator that submitted the plan.
(4) A notice under this section must be accompanied by a statement of the reasons for the decision.
S. 83BH inserted by No. 55/2010 s. 17.
83BH Energy Safe Victoria may determine bushfire mitigation plan
(1) Energy Safe Victoria may determine the bushfire mitigation plan which is to apply in relation to a specified operator's at-risk electric lines.
(2) Energy Safe Victoria may make a determination under subsection (1) if—
S. 83BH(2)(a) amended by No. 13/2025 s. 11(1)(a).
(a) a specified operator fails to submit a bushfire mitigation plan or revised bushfire mitigation plan under section 83BA, 83BBA or 83BBB that relates to the operator's at‑risk electric lines; or
S. 83BH(2)(b) amended by No. 13/2025 s. 11(1)(b).
(b) Energy Safe Victoria has decided not to accept a bushfire mitigation plan or revised bushfire mitigation plan submitted under section 83BA, 83BBA or 83BBB that relates to a specified operator's at-risk electric lines.
(3) If Energy Safe Victoria determines the bushfire mitigation plan to apply to a specified operator's at-risk electric lines under this section, Energy Safe Victoria must give notice in writing to the operator of that determination.
(4) On notice being given to the specified operator under subsection (3), the bushfire mitigation plan determined by Energy Safe Victoria is taken for the purposes of this Act to be the accepted bushfire mitigation plan for that operator's at-risk electric lines.
S. 83BH(5) amended by No. 13/2025 s. 11(2).
(5) Nothing in subsection (4) prevents a specified operator from submitting a bushfire mitigation plan or revised bushfire mitigation plan under section 83BA, 83BBA or 83BBB in relation to the operator's at-risk electric lines for acceptance under this Subdivision.
S. 83BI inserted by No. 55/2010 s. 17, repealed by No. 13/2025 s. 12.
S. 83BJ inserted by No. 55/2010 s. 17.
83BJ Compliance audits for accepted bushfire mitigation plans—independent audits
(1) Energy Safe Victoria may require a specified operator—
(a) to obtain, at the intervals determined by Energy Safe Victoria, independent audits of the operator's compliance with an accepted bushfire mitigation plan; and
(2) The specified operator must establish to the satisfaction of Energy Safe Victoria that each person undertaking an audit under this section has the necessary competence and ability and access to information on the operations of the operator and the accepted bushfire mitigation plan to enable an independent audit to be carried out.
(3) If Energy Safe Victoria requires a specified operator to obtain an independent audit under this section, the costs of that audit must be borne by the operator.
(4) A specified operator must comply with a requirement of Energy Safe Victoria under this section.
S. 83BK inserted by No. 55/2010 s. 17.
83BK Compliance audits—Energy Safe Victoria
Energy Safe Victoria may conduct, or cause to be conducted, an audit to determine whether or not a specified operator is satisfactorily complying with an accepted bushfire mitigation plan.
Division 2—Responsibility for maintenance of lines
Pt 8 Div. 2 Subdiv. 1 (Heading) inserted by No. 2/2014 s. 6(1).
Subdivision 1—Persons responsible for maintaining lines
S. 84 amended by No. 12/2004 s. 155, substituted by No. 2/2014 s. 7.
Section 83B - Electricity Safety Act 1998 - General duty of specified operators to minimise bushfire danger | Zoe